Proving a Landlord's Conduct Is Retaliatory

It is illegal in almost every state for a landlord to retaliate against a tenant for asserting their legal rights. Under most state statutes, a landlord engages in retaliatory conduct with eviction or harassment. A landlord may not like the renter's actions but can't seek revenge or retaliate.

A common retaliation tactic is trying to evict a renter after they complain to a government agency. This is "retaliatory eviction." A landlord might also try a rent increase to push out a renter after they have made a complaint. This sometimes is "retaliatory rent."

Reporting Your Landlord to a Governmental Agency

Tenants often report housing and safety code violations to local governmental agencies, like the housing authority or health department. Landlords must ensure the tenant's dwelling unit is habitable. It must be safe for human health and safety. Landlords who fail to do so are likely violating the implied warranty of habitability, which is the legal standard for repairs.

Before reporting your landlord or property management company, make a good-faith effort to bring the violations to your landlord's attention. To protect yourself, you send the landlord written notice of the issues via certified mail with a return receipt. The return receipt is proof that you sent the notice.

If your landlord doesn't respond within a reasonable time, you should consider reporting the code violation to the appropriate local agency.

What Is Landlord Retaliation?

Unlawful retaliation occurs when an authority figure — such as a property manager or residential landlord — punishes a subordinate — in this case, their tenant — for making a legitimate complaint in good faith.

In a landlord-tenant dispute, if a tenant informs the authorities, the law protects the tenant from specific retaliatory activity.

For example, a landlord who gives a tenant an eviction notice after the tenant complained about a broken heater is likely retaliating. A tenant will likely file a complaint with the local housing authority of a housing code violation. In this example, the local housing authority or building inspector is the party that received the tenant's legitimate complaint.

Examples of Landlord Retaliation

The kinds of retaliatory acts covered by most state statutes include the following:

• Increasing the rent
• Decreasing services or not performing necessary repairs in the rental unit
• Claiming there was no security deposit or not returning a security deposit
• Ending a month-to-month tenancy
• Refusing to renew a lease
• Starting an eviction lawsuit without cause
• Self-help eviction
• Any retaliatory conduct that amounts to a violation of fair housing laws

A tenant must prove that these actions were in retaliation. That is where state laws against landlord retaliation come into play.

Eviction vs. Retaliatory Action

The difference between a legitimate eviction and a retaliatory action is that a landlord needs a valid reason to file an eviction lawsuit, such as nonpayment of rent or destruction of the rental property. If a tenant's actions constitute a lease violation, the landlord likely has cause to file the eviction action.

Retaliatory Action vs. Housing Discrimination

Some of the acts that constitute housing discrimination can fall under retaliatory actions. Housing discrimination occurs when a real estate professional discriminates based on a protected characteristic. Protected characteristics include race and sexual orientation. A landlord-tenant attorney can help you determine how to categorize your landlord's actions.

How To Prove Landlord Retaliation

Disputes with your landlord can be stressful. State landlord retaliation laws protect tenants from landlord retaliation. These laws also specify the process of proving landlord retaliation.

Exercising Your Legal Rights

It is illegal in almost every state for a landlord to retaliate against you for acting within your legal rights when you:

• Complain about unsafe living conditions to a governmental entity (building inspector, fire official, etc.)
• Sue your landlord or join a lawsuit against your landlord
• Join or organize a tenant union

In a landlord retaliation claim, the actions the tenant took and when are relevant to the case. Keeping notes about your reports, union activity, and other actions may be helpful.

Proving Landlord Retaliatory Actions

State laws governing landlord retaliation will vary from state to state.

In Maryland, for example, the law protects tenants who do the following from retaliatory conduct:

• File a good faith complaint about an alleged lease violation
• File a good faith complaint of a "violation of law"
• File a good faith complaint about any condition on the rental property that is a "substantial threat to human health and safety"

To bring a claim against a retaliatory landlord, the tenant must:

• Be current on their rent payments unless the tenant withheld rent per local laws or ordinances
• The reason for the landlord's retaliatory conduct happened no more than six months prior

Relief From Retaliatory Conduct

Tenants who are on the receiving end of retaliatory conduct have options to enforce their tenant rights.

One option is a lawsuit in small claims court, which begins with the tenant's complaint. The complaint should explain the landlord's conduct and ask for relief. If you have sustained actual damages, you can ask for that in your complaint. You can also ask the court to assign reasonable attorney's fees to the landlord.

Suing a landlord is a high-stakes legal process that can affect your housing stability, so you should consult a landlord-tenant attorney before you sue.

Get Help To Stop Retaliatory Actions 

If you believe your landlord has engaged in self-help or retaliatory conduct, you should consider speaking to a qualified landlord-tenant attorney. They are experts in landlord-tenant issues and can provide sound legal advice. Speak to an experienced landlord-tenant attorney today.